The House of Delegates met at 1:00 p.m., and was called to order by the Honorable Rick
Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Friday, February 10, 2012, being the first order
of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

Chairman White, from the Committee on Finance, submitted the following report, which was
received: H. B. 4204, Bureau for Public Health, Wastewater Systems and Operations,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4204) was referred to
the Committee on the Judiciary.
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:S. B. 209, Updating terms in Personal Income Tax Act,S. B. 210, Updating terms in Corporation Net Income Tax Act,
And,H. B. 4087, Continuing the discontinuance of the severance and business privilege tax on
the privilege of severing timber,
And reports the same back with the recommendation that they each do pass.
Chairman Fleischauer, from the Committee on Constitutional Revision, submitted the
following report, which was received:
Your Committee on Constitutional Revision has had under consideration:H. J. R. 108, The Office of Lieutenant Governor Amendment,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the resolution (H. J. R 108) was
referred to the Committee on the Judiciary.
Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report,
which was received:
Your Committee on Rules has had under consideration:H. C. R. 57, The "Pearsall Land Grant Trace",
And reports the same back with the recommendation that it be adopted.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the
following report, which was received:
Your Committee on Health and Human Resources has had under consideration:H. B. 4077, Relating to activities that may be performed by a dental hygienist without a prior
exam by a dentist,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 4077) was referred to
the Committee on Finance.

Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates
and the passage, as amended, to take effect from passage, ofS. B. 469, Relating generally to other post-employment benefits.

Resolutions Introduced

Delegates Walker, Perry, Staggers and Pino offered the following resolution, which was read
by its title and referred to the Committee on Rules:H. C. R. 60 - "Requesting the West Virginia State Police to name the police barracks located
at 5650 Big Otter Highway, WV Route 16, near Ivydale, Clay County, the 'Tpr. Hugh D. Swartz
Memorial Barracks'."
Whereas, Tpr. Hugh D. Swartz was raised in the Holy Grove area of Kanawha County and
was a graduate of East Bank High School; and
Whereas, Tpr. Hugh D. Swartz served our country in the United States Navy and the
citizens of Indiana in the Indiana State Police; and
Whereas, Tpr. Hugh D. Swartz enlisted with the West Virginia State Police on January 6,
1958; and
Whereas, Tpr. Hugh D. Swartz was killed in the line of duty on October 5, 1970, while
serving three warrants on an individual who refused to exit the individual's residence in Lilly, along
Buffalo Creek, Clay County; and
Whereas, Tpr. Hugh D. Swartz was seated in his patrol car calling for backup assistance
when he was shot by the assailant from a window of the residence with a .410 slug loaded shotgun;
and
Whereas, Tpr. Hugh D. Swartz was immediately transported from the scene by a long-time
friend, Glen Nelson, and was rushed to an awaiting ambulance near Dundon, before, sadly,
succumbing to his injuries; and
Whereas, Tpr. Hugh D. Swartz served a total of twelve years and nine months with the West
Virginia State Police, and was stationed in Clay County, where he was loved by the community, for
the last two years; and
Whereas, Tpr. Hugh D. Swartz was survived by his wife, Margaret L. Swartz, and three
daughters; and
Whereas, A commitment to service runs in the family of Tpr. Hugh D. Swartz whose
brothers, Gordon and Bill Swartz, were both WV State Troopers; nephew, Kelly Swartz, is a Deputy with the Cocoa Beach Sheriff's Department in Florida; and great-nephew Matthew Swartz is a
Deputy with the Brevard County Sherrif's Office in Florida; and
Whereas, It is fitting and proper that Tpr. Hugh D. Swartz be remembered and
acknowledged for his service and ultimate sacrifice; therefore, be itResolved by the Legislature of West Virginia:
That the Legislature hereby requests the West Virginia State Police to name the Clay County
police barracks, located at 5650 Big Otter Highway, WV Route 16, near Ivydale, Clay County, the
"Tpr. Hugh D. Swartz Memorial Barracks"; and, be itFurther Resolved, That the West Virginia State Police are hereby requested to have made and
be placed a sign at the bottom of the hill from the barracks identifying the barracks as the "Tpr. Hugh
D. Swartz Memorial Barracks"; and, be it Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the Superintendent of the West Virginia State Police and to the surviving family of Tpr.
Swartz.
Delegates Gearheart, Ellington and Frazier offered the following resolution, which was read
by its title and referred to the Committee on Rules:H. C. R. 61 - "Requesting that a three mile portion of Mercer County Route 20 from
Littlesburg, West Virginia to New Hope, West Virginia be named the 'CPL Lonnie B. Hylton, Jr.
Memorial Highway'."
Whereas, Lonnie B. Hylton Jr. was born on Walton Avenue, Bluefield, West Virginia to
Lonnie and Rosa Hylton; and
Whereas, Lonnie B. Hylton Jr. attended Whitehorn school, and following his family's move to Littlesburg, West Virginia, attended Central Point and Glenwood schools; and
Whereas, After high school CPL Lonnie B. Hylton Jr. joined the United States Army. His
first assignment was with Company "C", 19th Infantry Regiment, 24th Division, 8th Army stationed
at Camp Chickamuga, Japan as part of the post-WWII occupation forces; and
Whereas, In early July 1950, when hostilities broke out on the Korean peninsula, CPL
Lonnie B. Hylton Jr.s' 19th Regiment was shipped to South Korea and placed in a defensive position
south of the Kum River; and
Whereas, On July 14th, 1950, North Korean troops crossed the Kum River with
overwhelming numbers and engaged the troops of the 19th Regiment; and
Whereas, Of the 189 men in the 19th Regiment, only 55 survived to see morning break on
July 17, 1950; and
Whereas, As a result of the engagement at Hum River, CPL Lonnie B. Hylton Jr. was listed
as missing-in-action for the next four years; and
Whereas, CPL Lonnie B. Hylton Jr.s' remains were found in September 1954 and his status
was changed from missing-in action to killed-in-action; and
Whereas, CPL Lonnie B. Hylton Jr.s' remains were returned to West Virginia and he was
posthumously awarded the Purple Heart, United Nations Service, National Defense, Korean Service,
and Korean Defense Service medals in addition to the Combat Infantry Badge; and
Whereas, On that fateful day in July 1950,
CPL Lonnie B. Hylton Jr. gave his last full
measure of devotion to his country and to his comrades-in-arms; and
Whereas, It is only fitting and proper that this section of highway be named in his honor,
and that it henceforth stand as a permanent memorial so that CPL Lonnie B. Hylton Jr.s' supreme sacrifice will not be forgotten; therefore, be itResolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name a three mile portion of Mercer
County Route 20 between Littlesburg, West Virginia to New Hope, West Virginia, the "CPL Lonnie
B. Hylton, Jr. Memorial Road"; and, be itFurther Resolved, That the Division of Highways is requested to have made and be placed,
signs identifying this section of the highway as the "CPL Lonnie B. Hylton Jr. Memorial Road"; and,
be itFurther Resolved, That the Clerk of the House of Delegates forward a certified copy of this
Resolution to the family of CPL Lonnie B. Hylton Jr. and the Secretary of the Department of
Transportation.
Delegates Sumner, Mr. Speaker, Mr. Thompson, Anderson, Andes, Armstead, Ashley,
Azinger, Barill, Barker, Boggs, Border, Brown, Butcher, D. Campbell, T. Campbell, Cann,
Canterbury, Caputo, Carmichael, Cowles, Craig, Crosier, Diserio, Doyle, Duke, Ellem, Ellington,
Evans, Ferns, Ferro, Fleischauer, Fragale, Frazier, Gearheart, Givens, Guthrie, Hall, Hamilton,
Hartman, Hatfield, Householder, Hunt, Iaquinta, Ireland, Jones, Lane, Lawrence, Longstreth, Mahan,
Manchin, Manypenny, Marcum, Marshall, Martin, Michael, Miley, C. Miller, J. Miller, Moore,
Morgan, Moye, Nelson, O'Neal, Overington, Pasdon, Paxton, Perdue, Perry, Pethtel, L. Phillips, R.
Phillips, Pino, D. Poling, M. Poling, Poore, Reynolds, Rodighiero, Romine, Rowan, Savilla, Shaver,
Sigler, Skaff, Smith, Snuffer, Sobonya, Staggers, Stephens, Storch, Stowers, Swartzmiller, Talbott,
Varner, Walker, Walters, Wells, White, Williams and Howell offered the following resolution,
which was read by its title and referred to the Committee on Rules:H. C. R. 62 - "Requesting that the sacrifice and service of the crew members of the U.S.S.
West Virginia be recognized and rewarded for their actions during the Battle of Suriago Strait."
Whereas, The Colorado-class battleship U.S.S. West Virginia (BB48) was commissioned
on December 1, 1923. The U.S.S. West Virginia served in many pivotal naval battles during World
War II and suffered extensive damage from Japanese bombers during the sudden surprise attack on
Pearl Harbor, claiming the lives of one hundred five crew members and its commanding officer; and
Whereas, The ship was rebuilt and modernized after its near destruction at Pearl Harbor and
reentered the war effort two years later as part of a task group ordered to invade the Philippine
Islands. In the early morning hours of October 25, 1944, the U.S.S. West Virginia opened the Battle
of Suriago Strait by firing a three round salvo from her sixteen inch battery onto the Japanese
Battleship Yamashiro, effectively neutralizing the vessel before the other battleships of the American
fleet had firing solutions in their main battery plots. The U.S.S. West Virginia expended ninety-three
rounds of sixteen inch of ammunition on the demise of the Yamashiro, displaying a massive amount
of superior gunnery; and
Whereas, The U.S.S. West Virginia's defeat of the Yamashiro was the last time a
ship-of-the-line defeated an opposing ship-of the-line in an entirely surface battle, signaling the close
of nearly four hundred years of naval action dominated by "battle-line" warfare; and
Whereas, Although those who served alongside the Battleship West Virginia recognized
that the credit for the sinking of the Yamashiro largely belonged to the superb gunnery of the U.S.S.
West Virginia, the credit was given to all six ships in the American Fleet; and
Whereas, The surviving crew members deserve to receive their long overdue commendation
and will be holding their last reunion in Charleston and Beckley this year; therefore, be it Resolved by the House of Delegates:
That the House of Delegates hereby honors the crew members of the U.S.S. West Virginia;
and, be it Further Resolved, That the House of Delegates invites all members of the West Virginia
Legislature and all citizens of West Virginia to join in recognizing the exemplary service of the
U.S.S. West Virginia's surviving crew members, with recommendation that the President of the
United States bestow either the Presidential Unit Citation or the Navy Unit Commendation upon the
Battleship West Virginia for its superior performance during the Battle of Suriago Strait on October
24 through 26, 1944; and, be itFurther Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the Raleigh County Veterans Museum, Inc., the surviving crew members of the U.S.S.
West Virginia, the Secretary of the Navy, and the President of the United States.
Delegates R. Phillips, Stowers, Rodighiero and Butcher offered the following resolution,
which was read by its title and referred to the Committee on Rules:H. C. R. 63 - "Requesting the Division of Highways to name bridge design number 10369
on Route 10 over the Guyandotte River at Rita, Logan County, West Virginia, the 'Dewayne Phillip
Morgan Memorial Bridge'."
Whereas, Dewayne Phillip Morgan was born on May 1, 1971, the middle child of Noble
and Linda Morgan in Mineral City, a small community located in the unincorporated community of
Davin, West Virginia; and
Whereas, Dewayne Phillip Morgan participated in basketball and football in grade school,
junior high and high school, while also participating in the Junior ROTC program at Man High School; and
Whereas, Dewayne Phillip Morgan and his future wife, Lesley Toler first met while they
were both attending Man Junior High School; and
Whereas, After graduating from Man High School in 1989, Dewayne Phillip Morgan went
to work for Craddock Machine Shop, delivering supplies to the mining industry; and
Whereas, Dewayne Phillip Morgan and Lesley Toler began dating in March 1990 and were
married on December 7, 1990. Lesley had a two year old son, Jeremy, from a previous relationship,
whom Dewayne Phillip Morgan treated as if he was his own son; and
Whereas, Dewayne Phillip Morgan and his wife Lesley, welcomed a daughter, Jessica, to
the world on June 3, 1992, and he was a loving and caring father; and
Whereas, Dewayne Phillip Morgan and his family were members of the Rum Junction
Church of God, where he was the Assistant Superintendent of the Church; and
Whereas, Dewayne Phillip Morgan was tragically killed in an automobile accident on
August 2, 1993, when his vehicle was pushed over a hill by a tractor trailer; and
Whereas, Dewayne Phillip Morgan's son Jeremy was five years old and his daughter Jessica
was fourteen months old at the time of his tragic death, never getting to see them mature into two
fine adults; and
Whereas, Dewayne Phillip Morgan was a son, brother, husband and father of two very
beautiful children, who was taken from his family and friends at far too young an age, and not a day
goes by where his family doesn't miss him and think about him and the memories of the fun and
loving times they had together; and
Whereas, Dewayne Phillip Morgan will be sorely missed by his family, all who knew him, loved him and his passion for life; therefore, be it Resolved by the Legislature of West Virginia:That the Division of Highways is hereby requested to name bridge design number 10369 on
Route 10 over the Guyandotte River at Rita, Logan County, West Virginia, the "Dewayne Phillip
Morgan Memorial Bridge"; and, be it Further Resolved, That the Division of Highways is requested to have made and be placed,
signs identifying the bridge as the "Dewayne Phillip Morgan Memorial Bridge"; and, be itFurther Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the family of Dewayne Phillip Morgan and the Secretary of the Department of
Transportation.
Delegate Perdue and Mr. Speaker, Mr. Thompson, offered the following resolution, which
was read by its title and referred to the Committee on Rules:H. C. R. 64 - "Requesting the Division of Highways to name a stretch of highway on State
Route 35 from State Route 152 at Missouri Branch to Tank Hollow, in Wayne County, the 'Crum
Brothers Memorial Highway'."
Whereas, Nelon, John, Hubert and Hobert Crum are brothers, all of whom fought for their
country in World War II; and
Whereas, Nelon Crum was born February 8, 1917, entered the service on December 9,
1942, and served in the Pacific Theater fighting against the Japanese; and
Whereas, John Crum was born October 15, 1914, and enter the service on March 25, 1942
and served in the Pacific Theater until January 26, 1946; and
Whereas, Hubert and Hobert Crum were twins, born on May 29, 1923, and entered the service on April 15, 1943, and fought in the European Theater fighting the Germans; and
Whereas, Nelon, John, Hubert and Hobert Crum all returned home after the war to lead
productive lives, become family men and help their neighbors when in need; and
Whereas, While Nelon, John and Hubert have passed on, Hobert continues to serve his
community; and
Whereas, Hobert Crum served as Chairman of the Cabwaylingo Forest Foundation for five
years; and
Whereas, Hobert Crum voluntarily built three of the Forest Picnic Shelters and a basketball
court; and
Whereas, The Crum brothers have built many burial caskets for families who could not
afford them and aided in digging more than 100 graves; and
Whereas, It is fitting and proper, for their dedicated public service to their country, state and
community, that this highway be named to memorialize the lives of the Crum brothers; therefore,
be itResolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name a stretch of highway
on State Route 35 from State Route 152 at Missouri Branch to Tank Hollow, in Wayne County, the
"Crum Brothers Memorial Highway"; and, be it Further Resolved, That the Division of Highways is hereby requested to have made and be
placed signs identifying the highway as the "Crum Brothers Memorial Highway"; and, be it Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution
to the Secretary of the Department of Transportation and Hobert Crum.
Delegate Perdue and Mr. Speaker, Mr. Thompson, offered the following resolution, which
was read by its title and referred to the Committee on Rules:H. C. R. 65 - "Requesting the Division of Highways to name a stretch of highway on State
Route 35 from the mouth of Sweet Water Branch to Gourd Branch, in Wayne County, the 'Perry
Brothers Memorial Highway'."
Whereas, Nelon, John, Hubert and Hobert Crum are brothers, all of whom fought for their
country in World War II; and
Whereas, Nelon Crum was born February 8, 1917, entered the service on December 9,
1942, and served in the Pacific Theater fighting against the Japanese; and
Whereas, John Crum was born October 15, 1914, and enter the service on March 25, 1942
and served in the Pacific Theater until January 26, 1946; and
Whereas, Hubert and Hobert Crum were twins, born on May 29, 1923, and entered the
service on April 15, 1943, and fought in the European Theater fighting the Germans; and
Whereas, Nelon, John, Hubert and Hobert Crum all returned home after the war to lead
productive lives, became family men and helped their neighbors when in need; and
Whereas, While Nelon, John and Hubert have passed on, Hobert continues to serve his
community; and
Whereas, Hobert Crum served as Chairman of the Cabwaylingo Forest Foundation for five
years; and
Whereas, Hobert Crum voluntarily built three of the Forest Picnic Shelters and a basketball
court; and
Whereas, The Crum brothers have built many burial caskets for families who could not afford them and aided in digging more than 100 graves; and
Whereas, It is fitting and proper, for their dedicated public service to their country, state and
community, that this highway be named to memorialize the lives of the Perry brothers; therefore, be
itResolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name a stretch of highway
on State Route 35 from the mouth of Sweet Water Branch to Gourd Branch, in Wayne County, the
"Perry Brothers Memorial Highway"; and, be it Further Resolved, That the Division of Highways is hereby requested to have made and be
placed signs identifying the highway as the "Perry Brothers Memorial Highway"; and, be it Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution
to the Secretary of the Department of Transportation and Woodrow Perry.

Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:By Delegates Varner, Ferns, Cann, Perdue, Marshall, Boggs, White, Ferro, Pethtel and
Storch:H. B. 4499 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §11-13A-5b, relating generally to severance taxes collected for
privilege of producing oil or natural gas; setting a baseline of tax collections; providing for the
distribution of funds collected in excess of that baseline; providing how those funds may be used;
creating the Marcellus Development Account; and defining terms"; to the Committee on Finance.By Delegates Savilla, Householder, Sobonya, Andes and Ellington:H. B. 4500 - "A Bill to amend and reenact §17C-5-2 of the Code of West Virginia, 1931,
as amended, relating to creating 'Andrea's Law'; and increasing certain penalties for driving under
the influence of alcohol, controlled substances or drugs"; to the Committee on the Judiciary then
Finance.By Delegates Cann, Ferro, Moye, Pethtel, Williams, Perdue, Shaver, Perry, Hall, R.
Phillips and Ferns:H. B. 4501 - "A Bill to amend and reenact §20-2-30a of the Code of West Virginia, 1931,
as amended; and to amend said code by adding thereto a new section, designated §20-2-42y, all
relating to creating an apprentice hunting and trapping license; and penalty"; to the Committee on
Natural Resources then Finance.By Delegates Ferns, Williams, Perdue, Shaver, Perry, R. Phillips, Ferro and Hall:H. B. 4502 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §61-7-16, relating to the transport and storage of firearms in private
vehicles; definition; providing that rules or policies shall not be established that prohibit a person's
lawful transport or storage of a firearm or ammunition; civil actions for violations; recovery for
employees discharged for violation of rule or policy prohibited by section; limitation on liability; and
exemptions"; to the Committee on the Judiciary.By Delegates Savilla, Householder, Sobonya, Gearheart and Ellington:H. B. 4503 - "A Bill to amend and reenact §61-6-19 of the Code of West Virginia, 1931, as
amended, relating to crimes against the peace; offenses occurring at the State Capitol Complex; and
providing that certain persons possessing a legal firearm at the State Capitol Complex are not in violation of this section"; to the Committee on the Judiciary.By Delegates Border, Anderson, Ellem, Perdue, Boggs, D. Poling, Azinger and
Staggers:H. B. 4504 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §16-2D-5c, relating to development and operation of a nursing
home on the grounds of a nonprofit community health care organization; meeting certain restrictions
and exemptions from nursing home moratorium and certificate of need requirements"; to the
Committee on Health and Human Resources then the Judiciary.By Delegates Hall, Shaver, Perdue, Williams, Moye, Perry, R. Phillips and Ferro:H. B. 4505 - "A Bill to amend and reenact §20-2-37 of the Code of West Virginia, 1931, as
amended, relating to allowing shooters who are in possession of a firearm in or near the woods to
not have to possess a valid hunting license"; to the Committee on Natural Resources then the
Judiciary.By Delegates Lane, C. Miller, Savilla, Nelson, Armstead and Sobonya:H. B. 4506 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §3-9-14, relating to absentee ballot fraud and providing felony
criminal penalties"; to the Committee on the Judiciary then Finance.By Delegates Moye, Pethtel, Williams, Ferro, Shaver, Perry, R. Phillips and Hall:H. B. 4507 - "A Bill to amend and reenact §61-7-4 and §61-7-7 of the Code of West
Virginia, 1931, as amended; and to amend and reenact §61-7A-5 of said code, all relating to licenses
to carry deadly weapons; providing application requirements; requiring investigations of applications
through the National Instant Criminal Background Check System; providing definitions; prohibiting certain persons from possessing or receiving firearms under federal law; providing exceptions; and
providing process for petitioning to remove firearm-related disabilities"; to the Committee on the
Judiciary.By Delegate Hunt:H. B. 4508 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §29-3-33, relating to liquefied petroleum gas-consuming
equipment and appliances and the business of selling at retail, supplying, handling or transporting
certain types of liquefied petroleum gas; requiring certification of correctness as to design,
construction and performance of domestic and commercial liquefied petroleum gas-consuming
equipment and appliances; requiring installation of liquefied petroleum gas-consuming appliances,
equipment or other components of a liquefied petroleum gas delivery system in accordance with the
instructions of the manufacturer of the appliance, equipment or component; prohibiting the
alteration, modification, maintenance or repair of liquefied petroleum gas-consuming appliances,
equipment or other components of a liquefied petroleum gas delivery system unless done in
accordance with the instructions of the manufacturer; providing protections from liability for persons
engaged in the business of selling at retail, supplying, handling or transporting liquefied petroleum
gas, unless they are negligent or act intentionally, and the negligence or intentional act causes or
partially causes injury or damage; and using existing criminal penalty provisions for violations"; to
the Committee on the Judiciary.By Delegate Rodighiero:H. B. 4509 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §61-2-17, relating to crimes against the person; creating a misdemeanor offense for harassment of participants of neighborhood crime watch programs;
definitions; and criminal penalties"; to the Committee on the Judiciary then Finance.By Delegate Lane:H. B. 4510 - "A Bill to amend and reenact §11-16-8 of the Code of West Virginia, 1931, as
amended; to amend and reenact §29-22B-1202 of said code; amend and reenact §60-3A-16 of said
code; and to amend and reenact §60-7-10 of said code, all relating to increasing the distance that
certain state-regulated activities must be located from a public playground, day care facility, school
or church from three hundred to two thousand feet; increasing the distance that a beer licensee must
be located from a public playground, day care facility, school or church from three hundred to two
thousand feet; and providing that a limited video lottery retailer licensee, a retail liquor licensee and
a private club licensee may not be located within two thousand feet of a public playground, day care
facility, school or church"; to the Committee on the Judiciary.By Delegates Cann, M. Poling, Varner, Miley, Pethtel, Ferns, Perry, Shaver, Barill,
Skaff and Stowers:H. B. 4511 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §18B-11C-1, §18B-11C-2, §18B-11C-3, §18B-11C-4 and
§18B-11C-5, all relating to the creation of the Shale Research, Education, Policy and Economic
Development Center at West Virginia University"; to the Committee on Education then Finance.By Delegates Varner, Cann, Swartzmiller, Lawrence, Morgan, Marshall and Stephens:H. B. 4512 - "A Bill to amend and reenact §30-18-1, §30-18-2, §30-18-3, §30-18-4, §30-18-
5, §30-18-6, §30-18-7, §30-18-8, §30-18-9, §30-18-10, §30-18-11, §30-18-12 and §30-18-13 of the
Code of West Virginia, 1931, as amended; and to amend said code by adding thereto nine new sections, designated §30-18-14, §30-18-15, §30-18-16, §30-18-17, §30-18-18, §30-18-19, §30-18-
20, §30-18-21 and §30-18-22, all relating to private investigative and security services; providing
unlawful acts; providing definitions; creating the West Virginia Board of Private Security and
Investigators; providing for the appointment of members of the board; providing powers and duties
of the board; providing rule-making authority to the board; creating a special revenue account;
providing eligibility requirements for a license to conduct a private investigation business; providing
requirements for employees conducting a private investigation under a firm license; providing
eligibility requirements to be licensed to conduct a security guard business; providing requirements
for employees conducting a security guard business under a firm license; providing for the renewal
of a license; providing for complaints and investigation procedures by the board; providing
procedures for hearings and the right to appeal; providing for judicial review; providing criminal
proceedings and penalties; providing that a single act is evidence of practice; providing for an action
for damages for injury sustained by a violation of this article; providing a grandfather clause for
persons licensed under this article on July 1, 2012; providing for the transition from the Secretary
of State to the board; and providing for a report to the Joint Committee on Government
Organization"; to the Committee on Government Organization then Finance.By Delegates Householder, Staggers, Kump and Romine:H. B. 4513 - "A Bill to repeal §8-12-5a of the Code of West Virginia, 1931, as amended; to
repeal §20-2-19a of said code; to repeal §61-7-6 and §61-7-6a of said code; to repeal §61-7A-1 and
§61-7A-5 of said code; to amend and reenact §2-2-1 of said code; to amend and reenact §5A-4-3 of
said code; to amend and reenact §6-3-1 and §6-3-1a of said code; to amend and reenact §7-1-3 of
said code; to amend and reenact §7-4-1 of said code; to amend and reenact §7-11-5 of said code; to amend and reenact §7-14E-2 of said code; to amend and reenact §8-12-5 of said code; to amend and
reenact §8-29B-5 of said code; to amend and reenact §15-2-24b and §15-2-25 of said code; to amend
and reenact §15-5-6 and §15-5-19a of said code; to amend and reenact §17C-2-3 of said code; to
amend and reenact §18C-5-2 of said code; to amend and reenact §18C-6-2 of said code; to amend
and reenact §18C-7-3 of said code; to amend and reenact §20-1-2 of said code; to amend and reenact
§20-2-2a, §20-2-5, §20-2-5c, §20-2-6, §20-2-6a, §20-2-32, §20-2-37, §20-2-42l, §20-2-42p,
§20-2-46e and §20-2-58 of said code; to amend and reenact §20-7-9 and §20-7-11 of said code; to
amend and reenact §24A-7-6 of said code; to amend and reenact §25-1-11c of said code; to amend
and reenact §27-3-1 of said code; to amend and reenact §32-4-407 of said code; to amend and
reenact §33-41-8 of said code; to amend and reenact §44A-2-6 of said code; to amend and reenact
§48-27-403, §48-27-502, §48-27-601 and §48-27-1002 of said code; to amend and reenact §49-2B-3
of said code; to amend and reenact §50-1-14 of said code; to amend and reenact §55-18-1 of said
code; to amend and reenact §61-5-8 of said code; to amend and reenact §61-6-1a and §61-6-19 of
said code; to amend and reenact §61-7-1, §61-7-2, §61-7-3, §61-7-4, §61-7-5, §61-7-7, §61-7-9,
§61-7-10, §61-7-11a, §61-7-12 and §61-7-14 of said code; to amend and reenact §61-7A-2,
§61-7A-3 and §61-7A-4 of said code; to amend and reenact §61-11-9 of said code; to amend and
reenact §62-12-6 of said code; to amend said code by adding thereto a new section, designated
§15-2-25a; to amend said code by adding thereto a new section, designated §18C-1-6; to amend said
code by adding thereto a new section, designated §27-5-6; to amend said code by adding thereto a
new section, designated §30-29-11; to amend said code by adding thereto a new section, designated
§48-22-804; to amend said code by adding thereto a new section, designated §55-18-3; to amend said
code by adding thereto nine new sections, designated §61-7-11b, §61-7-11c, §61-7-13, §61-7-14a, §61-7-15a, §61-7-16, §61-7-17, §61-7-18, §61-7-19 and §61-7-20; to amend said code by adding
thereto a new section, designated §61-11-27; to amend said code by adding thereto two new sections,
designated §64-5-1a and §64-5-1b; to amend said code by adding thereto a new section, designated
§64-7-3a; to amend said code by adding thereto two new sections, designated §64-10-3a and
§64-10-3b; and to amend said code by adding thereto a new article, designated §64-12-1 and
§64-12-2, all relating to the regulation of firearms and other deadly weapons; providing uniform
statutory definition of 'business days' for purposes of computation of time; providing that the rights
of local conservators of the peace and reserve deputy sheriffs to keep and bear arms as private
citizens are neither enlarged nor diminished by virtue of their positions; clarifying various grants of
authority to certain state officers and agents to carry firearms and concealed weapons while on duty;
codifying common law arrest powers of prosecuting attorneys and assistant prosecuting attorneys;
repealing special fees for fingerprinting services for applicants for federal firearm licenses; repealing
authority of municipalities to prohibit the carrying of certain weapons; limiting access to records
pertaining to licenses to carry concealed weapons, qualified retired law-enforcement officers
qualified to carry concealed firearms pursuant to the federal Law Enforcement Officers Safety Act
of 2004 and licensed hunters, trappers and fishermen; requiring qualifying law-enforcement officers
employed by a West Virginia law-enforcement agency to receive certification to carry a concealed
firearm nationwide as provided in the federal Law Enforcement Officers Safety Act of 2004;
establishing procedure for a retired or medically discharged member of the State Police to appeal a
denial of a letter of authorization to carry concealed handguns; providing that certain methods of
authorization for retired or medically discharged members of the State Police to carry concealed
handguns are cumulative; providing that a letter of authorization for a retired or medically discharged member of the State Police to carry concealed weapons shall be deemed a West Virginia license to
carry concealed weapons for the purpose of participating in reciprocity with other states; providing
that law-enforcement agencies are neither prohibited from nor required to permit an officer to carry
his or her service weapon off-duty; requiring West Virginia law-enforcement agencies to offer access
to training and certification for honorably retired officers to be permitted to carry a concealed firearm
nationwide as a qualified retired law-enforcement officer as provided in the federal Law
Enforcement Officers Safety Act of 2004; establishing program for issuing special qualified retired
law-enforcement officer concealed firearm license by the State Police; authorizing legislative rules;
providing that special qualified retired law-enforcement officer concealed firearm license is
cumulative and supplemental; prohibiting state financial assistance to higher education institutions
that infringe upon an individual's right to keep and bear arms as provided by law; expanding
prohibition on interference with hunters, trappers and fishermen to include the lawful possession or
control of lawfully-taken wildlife; prohibiting certain harassment, intimidation or threats against
hunters, trappers or fishermen; providing exemptions to prohibited acts relating to interference with
hunters, trappers and fishermen; providing exemption from prohibited acts relating to interference
with hunters, trappers and fishermen for constitutionally-protected activities; increasing criminal
penalties for interference with hunters, trappers and fishermen; providing civil remedies for unlawful
interference with hunters, trappers and fishermen; clarifying that hunting statutes generally do not
prohibit the otherwise lawful carrying of handguns for self-defense purposes; exempting persons
who are licensed or otherwise authorized to lawfully carry concealed weapons from certain
limitations on how firearms may be carried or transported; providing additional lawful means for the
transportation of rifles and shotguns in or on vehicles and vessels; clarifying language on Sunday hunting local option election ballots to accurately state the nature of the question propounded;
modifying restrictions relating to discharging firearms near residences, parks and certain other public
places; consolidating and clarifying certain penalty provisions; requiring notice of a guardianship
or conservatorship hearing to include a warning of the potential consequences of the guardianship
or conservatorship action on the alleged protected person's ability to lawfully possess firearms;
requiring domestic violence protective orders to contain certain warnings about implications of order
on legality of firearms possession; clarifying effect of protective orders on legality of firearms
possession; prohibiting an adoption agency or entity from making suitability determinations based
on, requiring disclosure relating to, or restricting the lawful possession, storage or use of a firearm
or ammunition; providing immunity from civil liability for certain firearms safety instructors, course
providers, sponsoring organizations and participants; modifying area covered by prohibition on
transporting restricted articles on correctional facility premises; prohibiting the taking of lawfully
possessed arms and ammunition during a declared state of emergency or riot; repealing prohibition
on bringing weapons upon the state Capitol Complex; declaring legislative findings and intent;
defining terms; limiting requirement of license to carry concealed weapons to enumerated locations;
providing additional exemptions to requirement of license to carry concealed weapons; granting full
faith and credit to all qualified out-of-state license or permit to carry concealed weapons held by
qualifying out-of-state licensees; requiring certain persons who lawfully carry a concealed weapon
without a license to inform the law-enforcement officer and submit to certain requests by the
law-enforcement officer when the person is contacted by a law-enforcement officer; providing
procedures for ascertaining the existence of a license or other lawful authorization to carry a
concealed weapon; establishing certain rebuttable presumptions regarding the existence or absence of evidence of a license or other lawful authorization to carry a concealed weapon; establishing
multiple classes of licenses to carry concealed weapons; prescribing eligibility criteria for each class
of license; repealing limitation of licenses to carry concealed weapons to pistols and revolvers only;
repealing license to carry concealed weapons fee surcharge for Courthouse Facilities Improvement
Fund; requiring the inclusion of certain information on applications for licenses to carry concealed
weapons; modifying eligibility criteria for licenses to carry concealed weapons; specifying
information to be provided in application for license to carry concealed weapons; requiring
applicants for licenses to carry concealed weapons to provide specified documentation with
application; specifying required components of background investigations of applicants for licenses
to carry concealed weapons; requiring background check on applicants for licenses to carry
concealed weapons to determine an applicant's eligibility to possess or transport firearms under state
and federal law; requiring fingerprint-based state and national criminal and mental health
background checks on applicants for Class 1 licenses; establishing a State Police Concealed
Weapons License Background Check Administration Fund; source of funds; use of funds;
authorizing expenditures from collections; converting county concealed weapons license
administration funds to perpetual revolving accounts; repealing authority of sheriff to expend surplus
funds in county concealed weapons license administration fund; establishing additional means of
fulfilling requirement of demonstrating basic competence with a handgun; prescribing additional
requirement for Class 1, 2 and 4 licenses of completing certain live fire shooting exercises and
passing live fire shooting proficiency test; requiring instructors of live fire shooting proficiency tests
to maintain records on students; modifying time limit for sheriffs to act on applications for licenses
to carry concealed weapons; conforming requirements for Social Security number solicitations on applications for licenses to carry concealed weapons to Section 7 of the federal Privacy Act of 1974;
establishing a uniform system of numbering and indexing all licenses to carry concealed weapons
throughout the state; specifying the form and contents of licenses to carry concealed weapons;
establishing provisions governing the change of a licensee's name or address; modifying the license
expiration and renewal cycle; prorating license fees; extending licenses of active-duty members of
the Armed Forces while deployed; requiring Commissioner of Motor Vehicles to produce license
cards upon request of sheriff; payment of cost of producing license cards; transferring responsibility
for preparing license applications and other forms from Superintendent to Attorney General;
requiring sheriffs to accept certain methods of payment for fees for licenses to carry concealed
weapons; establishing procedure for appealing the suspension or revocation of a license to carry
concealed weapons; specifying form of notice of denial, suspension or revocation of a license to
carry concealed weapons; specifying whether a license to carry concealed weapons shall be
suspended or revoked; establishing optional procedure for reconsidering denial, suspension or
revocation of license prior to judicial appeal; closing proceedings and sealing records in judicial
appeals of denials, suspension and revocations of licenses to carry concealed weapons; modifying
immunity from civil liability for certain acts relative to concealed weapons licensing; declaring
licensing statute to be comprehensive and preemptive; requiring courts to determine whether
individuals in proceedings resulting in disqualification from licensure are licensed to carry a
concealed weapon; requiring court to notify issuing agency upon a licensee becoming disqualified
for certain causes from continued licensure to carry concealed weapons; requiring sheriffs to issue
notice of license expiration and renewal process; contents of notice; providing criminal penalties for
fraudulently obtaining or unlawfully disclosing confidential information about individuals who have applied for or been issued licenses to carry concealed weapons; establishing provisions for the use
of an alternate address by certain classes of protected persons; requiring the Attorney General to
periodically notify the Attorney General and licensing authority of each state of this state's
recognition of qualified out-of-state license or permit to carry concealed weapons held by qualifying
out-of-state licensees; requiring the Attorney General to negotiate and execute reciprocity agreements
to secure recognition of West Virginia licenses when required by other states as a condition of
recognizing West Virginia licenses; requiring the Attorney General and the Superintendent of the
State Police to provide certain annual reports to the Legislature; requiring the Attorney General to
publish and annually revise a compendium of firearm and use of force laws; providing for the
disposition of applications for licenses to carry concealed weapons filed before and pending on the
effective date of this act; providing for classification of licenses to carry concealed weapons in effect
on the effective date of this act; specifying procedures for upgrading or modifying class of license
to carry concealed weapons; establishing emergency license to carry concealed weapons; eligibility
criteria; license fee; creating uniform rule concerning the requirement to carry and exhibit license
when carrying a concealed weapon for both West Virginia licensees and qualified out-of-state
licensees; conforming classes of persons prohibited from possessing firearms to federal law;
clarifying conflicting statutory language; prohibiting certain persons from carrying a concealed
weapon in a public place; providing additional procedures for relief from weapons disabilities;
designating officials authorized to certify the transfer and registration of firearms subject to the
National Firearms Act; establishing time limit for designated officials to act on requests for
certification; establishing uniform standard for approving or denying requested certifications;
providing immunity from civil liability for lawfully performing required certifications; prohibiting licensed firearm dealers from refusing to sell or otherwise transfer a firearm to any person solely on
the basis that the person purchased a firearm that was later the subject of a law-enforcement trace
request; requiring licensed firearms dealers to perform certain acts incident to firearm sales or
transfers; prohibiting the purchase or attempt to purchase a firearm from a firearm dealer by certain
persons; increasing criminal penalties for any person other than a law-enforcement officer who
knowingly solicits, persuades, encourages or entices any other person to violate firearm sales laws;
civil remedies for unlawful denial or delay of firearm sale or transfer; specifying areas subject to
prohibition on possession of deadly weapons on school premises; providing exceptions; creating
separate offense for possessing deadly weapon in school safety zone with the intent to use the deadly
weapon unlawfully or to threaten or endanger another person; providing criminal penalties; reducing
criminal penalties for unlawful possession of deadly weapon in school safety zones without the intent
to use the deadly weapon unlawfully or to threaten or endanger another person; modifying
requirements and procedures for suspending or revoking driver's license of person convicted of or
adjudicated a juvenile delinquent for such offenses; prohibiting the possession or conveyance of
deadly weapons into certain areas of courthouses and other places where judicial proceedings are
held; declaring certain persons exempt; requiring establishment of secure weapon storage areas and
posting of signs; providing for the consolidation of required signage and secure weapon storage areas
when premises contained within secure restricted access area; providing for the establishment of
secure restricted access areas in certain public buildings; procedures for establishment; prohibiting
the possession of or conveyance of deadly weapons into secure restricted access areas; providing
criminal penalties for possessing or conveying deadly weapons into restricted premises; signage
requirements; requiring the provision of secure weapon storage areas at secure restricted access areas for individuals to lawfully store firearms before entering secure restricted access area; providing
additional criminal penalties for the use or possession of firearms or other weapons during the
commission of specified crimes; exempting certain officers, employees and agents of the United
States, this state or a political subdivision of this state from restrictions or prohibitions on possessing
weapons imposed by private property owners; requiring all private property owners that have legally
restricted or prohibited the possession or carrying of weapons on their premises to give notice of
such prohibitions or restrictions by posting specified signs; format of signs; effect of failure to
properly post signs indicating such prohibition or restriction; providing immunity from civil liability
to private property owners and private employers for certain acts or omissions of individuals licensed
to carry concealed weapons or authorized to carry concealed weapons without a license if the private
property owner or private employer voluntarily refrains from restricting the possession or carrying
of deadly weapons by individuals licensed to carry concealed weapons or authorized to carry
concealed weapons without a license; prohibiting a public or private employer from prohibiting a
customer, employee or invitee from possessing any legally owned firearm or concealable weapon
that is lawfully possessed and locked inside or locked to a private motor vehicle in a parking lot;
prohibiting a public or private employer from violating the privacy rights of a customer, employee
or invitee by verbal or written inquiry regarding the presence of a firearm or concealable weapon
inside or locked to a private motor vehicle in a parking lot or by the search of a private motor vehicle
in a parking lot to ascertain the presence of a firearm or concealable weapon within the vehicle;
prohibiting actions by a public or private employer against a customer, employee or invitee based
upon verbal or written statements concerning possession of a firearm or concealable weapon stored
inside a private motor vehicle in a parking lot for lawful purposes; providing conditions under which a search of a private motor vehicle in the parking lot of a public or private employer may be
conducted; prohibiting a public or private employer from conditioning employment upon specified
licensure status or upon a specified agreement; prohibiting a public or private employer from
attempting to prevent or prohibiting any customer, employee or invitee from entering the parking lot
of the employer's place of business because the private motor vehicle of a customer, employee or
invitee contains a legal firearm or concealable weapon; prohibiting public or private employers from
terminating the employment of or otherwise discriminating against an employee, or expelling a
customer or invitee, for exercising his or her right to keep and bear arms or for exercising the right
of self-defense; providing a condition to the prohibition; providing that such prohibitions apply to
all public-sector employers; providing that, when subject to the prohibitions imposed by law, a
public or private employer has no duty of care related to the actions prohibited; providing specified
immunity from liability for public and private employers; providing nonapplicability of such
immunity; providing construction; providing exceptions to certain prohibitions; providing for
enforcement of certain prohibitions; providing for the award of reasonable personal costs and losses;
providing for the award of court costs and attorney's fees; declaring the provisions of the West
Virginia Code to be the sole means by which the keeping and bearing of arms may be regulated;
preempting any ordinance, rule, policy or administrative action inconsistent therewith; exceptions;
providing for enforcement of prohibition on additional regulation of firearms or concealable
weapons; providing rules of construction; prohibiting the registration of firearms or firearm owners;
exceptions; compliance period for purging prohibited registries; limiting seizures of concealable
weapons; providing remedies for unlawful seizure of concealable weapon; providing civil and
criminal penalties for certain acts in violation of an individual's right to keep and bear arms; defining certain acts as per se official misconduct for purposes of removing public official from office;
establishing regulations for gun buy-back programs; establishing procedures to protect interests of
owners of stolen firearms and preserve evidence of certain crimes; requiring certain firearms
disposed by a public agency to be offered for sale to licensed firearm dealers by public auction or
sealed bids; procedures for public sale of certain firearms; requiring award of court costs and
attorney's fees in certain cases; clarifying conflicting statutory language; updating references to
licenses to carry concealed weapons in the state central mental health registry law; clarifying the
permissible use of records in the central state mental health registry; establishing statute of
limitations for prosecuting certain crimes; authorizing the set aside and expungement of certain
criminal convictions involving misdemeanor crimes of domestic violence; defining eligible offenses;
form and contents of petition; filing fee; service and notice requirements; prosecutor, victim and state
agency opposition to petition; court procedure for hearing and ruling upon the petition; presumptions
and burdens of proof; establishing procedures for expunging records; effects of set aside and
expungement; and repealing or revising various archaic language"; to the Committee on the Judiciary
then Finance.

Special Calendar

Third Reading

Com. Sub. for H. B. 4012, Removing the Commissioner of the Bureau for Public Health
from certain boards;
on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 41),
and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being
as follows:
Absent and Not Voting: Fragale, Manchin and Martin.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4012) passed.
Delegate Boggs moved that the bill take effect from passage.
On this question, the yeas and nays were taken (Roll No. 42), and there were--yeas 97, nays
none, absent and not voting 3, with the absent and not voting being as follows:
Absent and Not Voting: Fragale, Manchin and Martin.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4012) takes effect from passage.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein. Com. Sub. for H. B. 4101, Authorizing teacher-in-residence programs for certain
prospective teachers in lieu of student teaching; on third reading, coming up in regular order, was
read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 43),
and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being
as follows:
Absent and Not Voting: Fragale, Manchin and Martin.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4101) passed.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein. Com. Sub. for H. B. 4122, Relating to alternative programs for teacher education; on third
reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 44),
and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being
as follows:
Absent and Not Voting: Fragale, Manchin and Martin.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4122) passed.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.

First Reading

The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:Com. Sub. for H. B. 3177, Permitting an owner who sells real property pursuant to a deed
of trust to terminate a preexisting tenancy, Com. Sub. for H. B. 4104, Authorizing professional licensing boards to exempt certain
licensees from continuing education requirements, Com. Sub. for H. B. 4111, Relating to the authority by state boards of examinations and
registration to apply for an injunction, Com. Sub. for H. B. 4206, Authorizing the Department of Transportation to promulgate
legislative rules, Com. Sub. for H. B. 4345, Prohibiting the unauthorized sale of railroad scrap metal,
And, Com. Sub. for H. B. 4390, Uniform Power of Attorney Act.

Leaves of Absence

At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day
were granted Delegates Fragale, Manchin and Martin.

Remarks by Members

Delegate Lane asked and obtained unanimous consent that the remarks of Delegate Armstead
regarding President Lincoln's birthday be printed in the Appendix to the Journal.
Delegate Fleischauer asked and obtained unanimous consent that the remarks of Delegate
Manypenny regarding medical marijuana be printed in the Appendix to the Journal.
At 1:51 p.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, February 14, 2012.